Antitrust Issues Abound: What to know when trying to buy a competitor in terms of antitrust and regulatory issues

Mergers and Acquisitions Magazine

Regardless whether a private equity add-on or growth-oriented expansion target, the strategic acquisition of a competitor signals antitrust issues.  In virtually all acquisitions and mergers there are various regulatory concerns and compliance issues.  But negotiations with a competitor raise antitrust concerns, even in the earliest phases.

If your business is contemplating an acquisition of or a merger with a competitor – or if the target could be a competitor reasonably soon if it desired to – it is important to plan how the antitrust laws may influence the deal.  Here are some considerations when entering into discussions with a competitor target.

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Published by Mergers and Acquisitions Magazine, February 2016. Reprinted with permission.